I am Siddharaju and I have filed for divorce petition against my wife in Bangalore in April 2017, the court has now advised my lawyer for me to appear in the court . Since i'm staying in abroad i cannot come down. Can i appoint someone and give power of attorney or the lawyer himself saying act on my behalf, saying I'm staying abroad and my inability to appear for the court proceedings?. Please suggest me at the earliest.
Sooner or later the Court will require your participation in the trial. As of yet, you may appoint an agent on your behalf to appear in the proceedings by means of a power of attorney. This agent could anyone from your friend or family circle. You lawyer can't be given the POA.
So, yes at this stage the only option for you is to appoint an agent on your behalf. If your mother or father volunteer to become your agent, that's the best bet for they will also be aware with the facts of your case.
Hello,
If the court has asked for your personal presence then you are advised to appear before the court, it is advised that you appear before the court and on the same date present a POA before the court and get the leave from the court for exemption.
Regards
1. It appears that the case is fixed for reconciliation and unless it is in that stage in divorce suit personal presence is not required beofre the date s fixed for evidence.
2.in ether of the cases no one can represent you in your absence .
3.However if in one particular date you have some problem you can seek adjournment and fix another date you can not depute anyone else to attend on your behalf.
1) you can execute POA in favour of family member
2) don't execute POA in favour of lawyer
hi,it is advisable to appear in person before court ..you can give SPA to your lawyer but it is up to court whether to allow such application or not
If your appearance is required for recording of your statement then you can seek adjournment and time for appearing in court due to your absence in India. You can move an application under order 9 of the code of civil procedure for taking time for appearance. If the case is at trial stage and your personal appearance is not necessary for recording your statement or cross examination then you can authorise your advocate to give answer of the question on your behalf. You can move an application under order food of the code of civil procedure and authorise your advocate that he is acquainted with the all facts and circumstances of the case
Your lawyer can conduct the case on your behalf but cannot represetn your presence before court.
You can appoint someone very close to you to represent you before court with the help of a power of attorney deed in his favor, duly executed by you from the country of your current residence.
